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Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 19775
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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A situation happened over the weekend where a friend of mine

Customer Question

A situation happened over the weekend where a friend of mine in the army was roofied for all we know. He went out friday night and woke up sunday morning with no recollection of anything. He went to the hospital in very bad shape and showed signed of being drugged. test were ran and it showed something was clearly done but also that there was cocaine in his system. Will he get in trouble with the army for this. He thinks if anything it was slipped to him because he has no recollection
Submitted: 19 days ago.
Category: Military Law
Expert:  Marsha411JD replied 19 days ago.

Hello,

Thank you for the information and your question. If he tells his Command what happened now and the hospital records verify that he said what he thought transpired to the staff there(what you just described) then, if the Command believes him, he would not get into trouble unless he violated some other rule or order. What I mean by the latter part of my statement is that as long as he wasn't otherwise somewhere that was off limits, or was in an unauthorized absences status, etc., he wouldn't likely be in trouble.

All that said, his Command knows him, and I don't, and they can gather all of the evidence, and I can't, so they ultimately would have the basis to decide if the facts as he represents them are true. Again, as long as he is believable, he wouldn't be in trouble for the unknowing ingestion of illegal drugs.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box above, I will receive credit for assisting you today. Thank you

Customer: replied 19 days ago.
But is there something under UCMJ that has anything regarding this situation? Or is it strictly if his command believes him or not...seems too vague for the army.
Expert:  Marsha411JD replied 19 days ago.

The UCMJ prohibits the use of illegal drugs. What I meant by the Command believing him or not is that if they believe he unknowingly used these drugs, they wouldn't charge his for illegal use under the UCMJ since "knowingly" is an element of the crime. If they don't believe him, then can they charge him with illegal use. This is a link to the Article they could charge him with if they don't believe him: http://www.ucmj.us/sub-chapter-10-punitive-articles/912a-article-112a-wrongful-use-possession-etc-of-controlled-substances

He can always raise his facts in an effort to defend against the charge, but this is a proof issue that would be evaluated at the time of the disposition of the charge either at NJP or court-martial.

Customer: replied 19 days ago.
if it was unknowingly, and his command believes him, he should be fine?
Expert:  Marsha411JD replied 19 days ago.

Yes, exactly. Best to you.

Expert:  Marsha411JD replied 17 days ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the answers I provided to you on the17th . For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I have not received your rating.

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Thank you.

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